Page 14 - ELG2304 Apr Issue 484
P. 14

NEWS FEATURE                    .























































         Forty-four years and counting                                                                             The third tower. Source: Court of Justice of the European Union
         Forty-four years and counting





        Henry Rodgers tells the full story of Italy’s foreign language

        lettori and their historic fight against discrimination


                 n May 30 1989, a date that  Italian nationals, the Court found it to  favourable  rulings  in a line  of litigation
                 foreign  language  lecturers  in  be discriminatory. It was a simple, open-  which stems directly from the 1989 ruling.
                 Italian universities have come  and-shut case, which merely required  As such, it is the longest-running breach
        Oto call Pilar Allué Day, the EU  Italy to convert the annual Lettori  of the freedom of movement on record
        Court of Justice(CJEU) issued its sentence  contracts into indefinite-term ones,   Italy interpreted the 1989 Allué ruling
        in a reference for preliminary ruling case  with remuneration linked to the pay  as condoning annual  contracts while
        taken by Spanish national  Allué against  scale of Italian teaching staff. But Pilar  rendering illegal the limit on the number
        her employer.                       Allué Day is not celebrated as the date  of renewals.  Allué herself contested Italy’s
          Employed as a foreign language  on which this right was won. May 30  restrictive misreading. The 1993 ruling in
        lecturer (lettore) at the Università degli  1989 is historic for altogether different  Allué 2 clarified that  the earlier ruling
        studi di Venezia, Allué had contested  reasons:  it denotes the starting point  meant that  non-national  teaching staff
        an Italian law under which she and her  from which to measure the duration of  had a right to the open-ended contracts
        Lettori colleagues could be employed on  Italy’s non-compliance with the Lettori  enjoyed by Italian nationals.
        one-year contracts with the possibility  discrimination sentences of the CJEU.   In  1995 Italy  legislated  for  open-
        for up to five renewals. As no such limit   The non-compliance persists  to the  ended contracts. But, to cut the cost to
        to the duration of employment applied to  present day despite three subsequent  the universities,  the law simultaneously
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